Los Angeles Racial Discrimination Lawyer

Discrimination against an employee because of their race is illegal and wrong. State and federal law prohibit discrimination against employees based on their race or color. If you feel that you have been discriminated against in the workplace because of your race, you may be entitled to damages. At the Dolan Law Firm, our attorneys understand the stress and strain that comes with facing racial discrimination in the workplace and help our clients through every step necessary to achieve equality at work.

What is Racial Discrimination?

Racial discrimination in the workplace occurs when an employer treats a person unfavorably or differently in the terms and conditions of their employment because of their race or color. In order to qualify as racial discrimination, the actions must be taken by an employer while performing acts that are part of their job description.

Racial discrimination can happen because of an employer’s discrimination against a person’s real or perceived race or color. It is not a defense against racial discrimination if the employer was wrong about an applicant or employee’s race, it must only be shown that the employer believed the employee was a particular race and acted in a discriminatory manner because of that belief. Discrimination against also extends to the actual or perceived race of an employee’s spouse and family members. An employer is not allowed to discriminate against an employee because their spouse or family member is or is perceived to be a different race.

It is important to note that racial discrimination does not just happen to members of minority groups. Caucasians can also be racially discriminated against in the workplace because of existing stereotypes. One example is an employer hiring a less experienced Hispanic worker over a white applicant because the stereotype exists that Hispanic people work harder. This, too, is racial discrimination in the workplace. We understand that identifying racial discrimination can be a complex and messy business, but if you believe that you have been discriminated against because of your race or color by your employer it is important to call the Dolan Law Firm today.

State and Federal Racial Discrimination Law

The California Fair Employment and Housing Act (FEHA) and Title VII of the federal Civil Rights Act protect applicants and employees from racial discrimination in the workplace. Under FEHA, any employer with five or more employees in California is prohibited from racially discriminating against all employees, applicants, contractors, and unpaid interns of a company.

FEHA bans racial discrimination in all aspects of business, which includes but is not limited to, the following:

• Advertising for open positions;
• Applications, screening, and interviews;
• Hiring, transferring, promoting, terminating, or separating employees;
• Working conditions (including compensation); and
• Participation in training, apprenticeship programs, employee organizations, or unions.

The Act also prohibits the harassment of employees in the workplace based on race or color. Unlawful harassment occurs when a person mistreats another in the workplace in a way that changes the terms and conditions of their employment. Sexual harassment and insensitive comments about racial stereotypes are considered harassment, and FEHA applies the law to all employers in the state with no minimum employee count.

Examples of Racial Discrimination in the Workplace

Racial discrimination comes in many forms, some obvious and others less so. While a couple of examples of workplace discrimination have already been discussed on this page, here are some of the most common examples of race-based workplace discrimination our attorneys handle on behalf of our clients:

• Refusing to hire an applicant
• Unfair write-ups or negative performance reviews
• Demotions and decreases in pay
• Unfair discipline